When students are admitted through admissions preferences--especially when the preferences are large and the students pursue demanding fields of study--do they benefit from going to a more selective school? Or, instead, do they suffer from being "mismatched" with their peers--falling behind, becoming frustrated, receiving low grades, and…

Some of the nation's most prominent colleges and universities have abandoned their affirmativeaction-based admission policies and adopted race-neutral affirmative action as a result of twolawsuits against the University of Michigan, which threaten the availability of undergraduate andgraduate program access to applicants of color. In this article,…

This article revisits the University of Michigan's 2003 affirmative action cases, "Grutter v. Bollinger" and "Gratz v. Bollinger." Through the aid of critical textual analysis and critical race theory, the author looks back at the predominant narratives that framed the challenge to, and defense of, race-conscious affirmative…

The Supreme Court's members generally are too decorous to exclaim "I told you so." But U.S. Supreme Court Justice Anthony M. Kennedy stands perched on the edge of an I-told-you-so moment, thanks to the court's decision to take up a challenge to a race-conscious college-admission policy that poses some of the same questions he had accused…

Numerous legal scholars and social scientists have highlighted the ways in which research has informed judicial decision making. Because, in part, of convincing empirical research presented in several landmark cases (e.g., "Grutter v. Bollinger," 2003; "Parents Involved in Community Schools v. Seattle School District No. 1,"…

The United States Department of Education (ED) and the United States Department of Justice issued this guidance to explain how, consistent with existing law, postsecondary institutions can voluntarily consider race to further the compelling interest of achieving diversity. It replaces the August 28, 2008 letter issued by ED's Office for Civil…

Despite the vast research on African Americans and affirmative action, little qualitative analysis has been done to investigate how race exists and functions in American law schools. This dissertation researches the ways in which race is constructed, deconstructed, and reconstructed within two American law schools. Three primary lenses guide this…

The purpose of this study was to discover the perceptions of Florida law school administrators on the impact of the OFI (one Florida initiative) and the addition of two MSI (minority serving institution) law schools on diversity in Florida's legal profession. This research explored the impact of Governor Bush's EO (executive order) on diversity…

In 2003, the United States Supreme Court decided on two cases that involved affirmative action policies for admission to the University of Michigan at Ann Arbor Law School and the College of Literature, Science and the Arts. Those cases, "Gratz v. Bollinger" (2003) and "Grutter v. Bollinger" (2003) had implications for the…

The Supreme Court has held repeatedly that race-based preferences in public university admissions are constitutional. But debates over the wisdom of affirmative action continue. Opponents of these policies argue that preferences are detrimental to minority students--that by placing these students in environments that are too competitive,…

The American higher education community found a curious mix of good and bad news in the U.S. Supreme Court's ruling last summer, in "Parents Involved v. Seattle School District and Meredith v. Jefferson County Board of Education", about the use of race-based policies by public elementary and secondary schools. This article discusses this…

This article discusses the curious mix of good and bad news the American higher education community found in the U.S. Supreme Court's ruling last summer, in "Parents Involved v. Seattle School District" and "Meredith v. Jefferson County Board of Education," about the use of race-based policies by public elementary and secondary…

After the 2003 U.S. Supreme Court decisions on the University of Michigan admission cases, which struck down racial preferences and quotas in Michigan's undergraduate and law school admission, several groups have challenged race-conscious admission, school placement policies and academic support programs. Even the federal government has challenged…

In recent years, corporate executives and local bar association officials have increasingly questioned why so few of the nation's elite corporate law firms can claim significant racial and ethnic diversity among their partner or upper management ranks. Some organizations have even pledged to reward law firms that ensure high-level assignments for…

A proposed revision in the American Bar Association's accrediting standards for law schools is coming under fire from the U.S. Commission on Civil Rights, which says the proposal seems to require the schools to use racial preferences in hiring and admissions despite federal and state laws limiting such policies. Although a bar-association official…